PLYMOUTH BOARD OF SELECTMEN

[Pages:12]~ PLYMOUTH BOARD OF SELECTMEN ~

TUESDAY, JANUARY 6, 2015

TOWN HALL, MAYFLOWER ROOM

The Selectmen held a meeting on Tuesday, January 6, 2015 at 5:00 p.m. at Town Hall in the Mayflower Room.

Present:

Kenneth A. Tavares, Chairman Anthony F. Provenzano Jr., Vice Chairman John T. Mahoney, Jr. Mathew J. Muratore [Arrived at 5:15 p.m.] Sean P. Page [Arrived at 5:15 p.m.]

Melissa Arrighi, Town Manager Michael Galla, Assistant Town Manager

CALL TO ORDER

Chairman Tavares called the meeting to order at 5:10 p.m.

EXECUTIVE SESSION

On a motion by Vice Chairman Provenzano, seconded by Selectman Mahoney, the Board voted to enter an executive session pursuant to Massachusetts General Laws, Chapter 30A, Section 21 Paragraph 3, to discuss strategy with respect to litigation and collective bargaining, and Paragraph 6, to consider the purchase, exchange, lease, or value of real property, as an open meeting on these matters may have a detrimental effect on the negotiating position of the body. By roll call: Mahoney ? yes, Provenzano ? yes, and Tavares ? yes.

Chairman Tavares noted that, following executive session, the Board would reconvene in open session.

RETURN TO OPEN SESSION

Chairman Tavares reconvened the meeting in open session at 6:40 p.m. and led the Pledge of Allegiance.

Chairman Tavares announced that it would be Selectman Muratore's final meeting as a Selectman, prior to being sworn-in as State Representative for the First Plymouth District. Selectman Muratore's resignation as a member of the Board, he said, will take effect at 11:59 p.m. on January 6, 2015. Chairman Tavares congratulated Selectman Muratore and thanked him for his service to the community.

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 1 OF 12

Chairman Tavares invited former Selectmen Belinda Brewster, William Hallisey Jr., and Sergio Harnais--who attended the meeting in honor of Selectman Muratore--to share a few words from the podium. Each took the opportunity to commend and congratulate Selectman Muratore, noting the spirit of cooperation, transparency, and inclusiveness that he consistently brought to the Board of Selectmen during his five years of service.

Chairman Tavares asked if the public wished to offer any thoughts.

Steve Lydon thanked Selectman Muratore for being so responsive to his phone calls and emails, and he wished Selectman Muratore and his family all the best in their future endeavors.

Selectman Page, Vice Chairman Provenzano, and Selectman Mahoney each spoke highly of Selectman Muratore, and they thanked him for the time he devoted to his role as a Selectman. Chairman Tavares presented Selectman Muratore with a copy of William Bradford's Of Plymouth Plantation, which included a personalized inscription and the signatures of each member of the current Board of Selectmen on the inside cover.

Selectman Muratore stated that he has been truly honored to have served Plymouth as a member of its Board of Selectman. He thanked his former colleagues--Ms. Brewster, Mr. Hallisey, and Mr. Harnais--for joining him at his last meeting, and he expressed appreciation to his current colleagues on the Board. Selectman Muratore explained that he sees his forthcoming responsibility as State Representative to be much like an extension of his service on the Board of Selectmen--with both roles ultimately serving the residents of Plymouth. Lastly, he thanked Town employees and the residents of Plymouth, on whom he said he will rely to provide guidance as the voice of the community.

TOWN MANAGER'S REPORT

Apology for Payroll Error ? Town Manager Melissa Arrighi apologized to the 1,145 School Department employees who were affected by a significant payroll error that occurred the week of December 25, 2014. The Town's School and Finance Departments have done everything possible, she said, to remedy the error and put safeguards in place-- from new procedures to software improvements--that will prevent future errors from occurring. Ms. Arrighi expressed appreciation to the banking institutions that were immediately willing to work cooperatively with the Town to correct the error: Rockland Trust, Rockland Federal Credit Union, Harbor One, Eastern Bank, and the Teachers' Credit Union. Bank of America and Citizens Bank have since agreed to work with the Town, she noted, but Santander has been unresponsive, to date. Ms. Arrighi thanked the employees who were affected by the error for their patience throughout the ordeal.

Toys for Tots ? Ms. Arrighi was pleased to report that the Plymouth Firefighters Local 1768 and the Fire Department, under the guidance of Firefighter/Selectman Sean Page,

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 2 OF 12

collected and donated 1,612 toys to children during the holidays. The department, she said, surpassed its collection total of 1,459 toys for the less fortunate, last year.

PILOT Agreement with Entergy ? Ms. Arrighi announced that the Town has negotiated a one-year amendment to the Payment in Lieu of Tax Agreement ("PILOT") with Entergy, which adds Fiscal Year 2017 to the agreement that is currently in place. This amendment, she said, provides that the payment in FY16 of 9.25 million will also be the payment in FY17, while all other conditions and criteria in the agreement remain the same.

Street Light Fixtures ? Ms. Arrighi informed the Board that staff has been working with NSTAR to upgrade the Town's 265+ public lighting fixtures to energy efficient LED lighting. It is her hope, she said, that these upgrades will produce notable energy savings for the Town's FY2016 electricity budget.

Local Option Meals Tax ? Ms. Arrighi provided financial figures on the revenue that the Town has collected since the implementation of a Local Option Meals Tax on July 1, 2014. The first quarterly payment the Town received from the Massachusetts Department of Revenue, she indicated, was $122,752.55 for the month of July. The next quarterly payment, representing the Meals Tax collected for the months of August, September and October, totaled $345,176.82--an amount that is slightly higher than the Finance Director's initial projections. Ms. Arrighi was pleased to note that, in addition to exceeding expectations for the Meals Tax, the Town will collect nearly 4% more this year from the Local Option Hotel/Motel tax.

LICENSES

VEHICLE FOR HIRE OPERATOR (NEW)

On a motion by Vice Chairman Provenzano, seconded by Selectman Page, the Board voted to grant a Vehicle for Hire Operator License to the following applicant. Voted 5-0-0, approved.

For Seabreeze Transportation: One Vehicle for Hire Operator: Erika Rizza, 845 Liberty Street, Rockland

Issuance of operator license is subject to CORI and SORI background check.

ADMINISTRATIVE NOTES5

Meeting Minutes ? On a motion by Vice Chairman Provenzano, seconded by Selectman Page, the Board voted to approve the minutes of the following meetings:

August 15, 2014 October 7, 2014

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 3 OF 12

 October 18, 2014 October 21, 2014 October 28, 2014 November 14, 2014 November 18, 2014 November 24, 2014 December 2, 2014 December 9, 2014 December 16, 2014

Amendment to PILOT Agreement with Entergy ? On a motion by Selectman Muratore, seconded by Vice Chairman Provenzano, the Board voted to approve and endorse the First Amendment to Payment in Lieu of Tax Agreement between the Town and Entergy Nuclear Generation Company. Within this vote, the Board also agreed to sponsor an article at the Spring Special Town Meeting regarding this Amendment. Voted 5-0-0, approved.

Affirmation of Practice Related to Health Insurance Coverage of Former Spouses ? On a motion by Vice Chairman Provenzano, seconded by Selectman Muratore, the Board voted to affirm the Town's practice of charging 100% premium to a group plan member or subscriber (employee or retiree) for the health insurance coverage of a former spouse if a judgment so decrees should the employee/retiree remarry. Voted 5-0-0, approved.

Note: Under MGL 32B, section 9H, the law currently reads that, "In the event of the remarriage of the group plan member or subscriber referred to in paragraph (a), the former spouse thereafter shall have the right, if so provided in said judgment, to continue to receive benefits as are available to the member or subscriber, by means of the addition of a rider to the family plan or contract or the issuance of an individual plan or contract, either of which may be at additional premium rates determined by the appropriate public authority to be just and reasonable in accordance with the additional insuring risks involved." This means that the public authority (Selectmen) set the additional premium rate to be charged, as long as it is just. The Town has been charging 100% of this cost and that has been the practice for years.

Initiation of License Revocation ? On a motion by Vice Chairman Provenzano, seconded by Selectman Mahoney, the Board voted to direct the Town Manager to begin the process outlined in Section VII "Termination and Revocation" of the License Agreement dated August 13, 2013 between the Town of Plymouth and Harald LLC. (The license agreement between the Town and Harald LLC was to allow Harald LLC the right of entry and use of Town property for an 18 month period, upon commencement of work. In summary, the license allowed Harald LLC to perform gravel removal operations on the town land, in an area within the Zone 2 Aquifer Protection District Boundary, in exchange for the removal of debris and construction materials on the town's land and to perform final landscaping after their work was complete. Following this section of the License Agreement will start the notification process to Harald LLC for revocation as the purpose of the license is no longer valid.

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 4 OF 12

Amend Traffic Rules & Orders / Stop Signs at South Meadow Road ? On a motion by Selectman Muratore, seconded by Vice Chairman Provenzano, the board voted to amend the 1954 Town of Plymouth Traffic Rules and Orders and as follows:

The addition of the following description to Article VIII, Section 51, Obedience to Isolated Stop Signs:

Meadow Park Road Harold's Way Roberts Road Pinhurst Drive Millennium Drive Lawrence Road Dorothy Road Aero Park Drive Matthews Trail Bruce Road Harvard Road Fulton Street High Pine Drive West Pond Road Jan Marie Drive

Southbound drivers on Meadow Park Rd. Northbound drivers on Harold's Way Southbound drivers on Roberts Rd. Southbound drivers on Pinhurst Dr. Southbound drivers on Millennium Dr. Southbound drivers on Lawrence Rd. Southbound drivers on Dorothy Rd. Northbound drivers on Aero Park Dr. Northbound drivers on Matthews Trail Southbound drivers on Bruce Rd. Northbound drivers on Harvard Rd. Southbound drivers on Fulton St. Southbound drivers on High Pine Dr. Northbound drivers on West Pond Rd. Southbound drivers on Jan Marie Dr.

at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd. at South Meadow Rd.

PUBLIC COMMENT

Pine Dubois of Kingston voiced her concerns about the transfer of spent nuclear fuel that is scheduled to take place at Pilgrim Nuclear Power Station ("PNPS") during the month of January. The transfer of high-level nuclear waste to dry cask storage, she said, is one of the most dangerous operations that a nuclear power facility can undertake. Ms. Dubois encouraged the Selectmen to invite Entergy to provide a public presentation on its plans to transfer the fuel. Considering the dangerous nature of the operation and the proximity of PNPS to Cape Cod Bay, she said, it is important for the Town to hold Entergy accountable for the absolute safety of the public.

Mary Lampert of Duxbury spoke to the Board on behalf of the Duxbury Nuclear Advisory Committee. The committee, she said, requests that the Town of Plymouth hold a public meeting to provide education and information on the transfer of spent fuel to dry cask storage at Pilgrim Nuclear Power Station ("PNPS"). Ms. Lampert questioned the quality of the canisters into which the spent fuel will be transferred, and she expressed her belief that Entergy should construct a facility around the dry cask storage pad, where the canisters can be monitored for temperature/radiation and protected from the corrosive effects of salt. The U.S. Nuclear Regulatory Commission, she said, should not allow Entergy to operate the reactor during the highly dangerous transfer of the fuel.

Heather Lightner of Plymouth expressed her belief that the Town must be compensated for absorbing the risks associated with the overcrowded spent fuel pool at Pilgrim Nuclear Power Station ("PNPS"). Though the transfer of the spent fuel into dry cask storage is a positive thing, she said, the spent fuel pool at PNPS is still overcrowded, constituting an ongoing risk for the citizens of Plymouth and its surrounding communities.

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 5 OF 12

BURIAL HILL TREE HEARING

Chairman Tavares reconvened a public hearing that had been continued from December 9, 2014, to consider the Department of Public Works / Parks, Forestry, & Cemetery Division's proposal to remove a number of specific trees from Burial Hill.

Ted Bubbins, Superintendent of the DPW's Parks, Forestry, & Cemetery Division, provided the Board with his Division's recommendations for the removal of trees on Burial Hill, following a study on the condition of the trees and grounds at the historic graveyard. Mr. Bubbins referenced a public hearing that he held at Memorial Hall on November 10, 2014 to report the findings of the tree study and discuss the trees that have been recommended for removal. Following the hearing, he reported, citizens were given the opportunity to make written objections to the removal of any specific trees, by a specific date. Mr. Bubbins indicated that Section 5 of Chapter 87 of the Massachusetts General Laws designated the Board of Selectmen as the deciding authority on the removal of public shade trees.

At the December 9, 2014 Selectmen's meeting, Mr. Bubbins stated, the Board directed him to meet with Plymouth citizen Tim Turner for a walkthrough of Burial Hill. Mr. Bubbins indicated that he met with Mr. Turner on December 18 and on December 31, 2014 to discuss each tree and identify those that might be spared. Since that time, he noted, Mr. Turner met with the Friends of Burial Hill ("FOBH"), and from that meeting, Mr. Turner issued a list of trees that the Friends group continues to protest.

Mr. Bubbins handed out a chart and a map to the Selectmen to illustrate those trees that are still in protest. The list of trees was broken into the following categories [refer to chart, Page 7]:

Trees that the Selectmen voted to remove on December 9, 2014 (marked in green) Trees that Mr. Bubbins and Mr. Turner agreed could be removed, following the 12/18

and 12/30 meetings (marked in red) Trees that Mr. Bubbins and Mr. Turner agreed should be maintained, following the

12/18 and 12/30 meetings (marked in yellow) Trees that the Friends of Burial Hill wish to have maintained, contrary to the

recommendation of DPW Parks, Forestry, & Cemetery Division (marked in blue)

Mr. Bubbins stated his opposition to the FOBH's recommendation to maintain nine (9) of the trees on the removal list (marked in blue), as these trees are disrupting the gravestones and/or the surrounding grounds at the site. He asked the Selectmen to consider voting to authorize the removal of those trees categorized on the chart in red, which he and Tim Turner agreed could be removed at their meetings of December 18th and December 31st.

Chairman Tavares invited Tim Turner to speak. Mr. Turner affirmed that he met with Mr. Bubbins on December 18th and 31st to review the trees slated for removal on Burial Hill. Mr. Turner noted that, prior to leaving for vacation during the holidays, he had not yet heard from the Friends of Burial Hill ("FOBH").

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 6 OF 12

Burial Hill

Proposed Tree Removal

Public Hearing 11/10/2014

SECTION

A A1 A2 A3 A4

SECTION B B1 B2 B3 B4 B5 B6 B7 B8 B9 B10 B11 B12 B13

Section G G1

Section J J1

Section K K1 K2

Section L L1 L2 L3 L4 L5

SPECIE

DBH

Beech

60"

Linden

6"

Linden muliti stem

24"

Maple

30"

Removal Criteria BOS Approval 12/9/2014

3 3 3 1

Onsite Meeting 12/18 12/31

Agreed to Remove

Agreed To Stay

Still In Protest

SPECIE

DBH Removal Criteria

Elm Dogwood Dogwood Dogwood Dogwood Dogwood Dogwood Maple Ash Maple Maple Linden Beech

16"

1

8"

1&2

8"

1&2

8"

2,3,4

8"

3 & 4

10"

3 & 4

10"

3 & 4

18"

4 & 5

4"

1 & 3

18"

4 & 5

20"

5

40"

1 & 4

30"

2 & 3

Specie

DBH Removal Criteria

Beech

26"

2 & 3

Specie

DBH Removal Criteria

Beech

32"

2 & 3

Specie

DBH Removal Criteria

Beech Maple

36"

2 & 3

16"

1 & 5

Specie

DBH Removal Criteria

Maple

20"

3 & 5

Beech

50"

2 & 3

Linden Cluster

20"

2

.

Beech

36 "

2 & 3

Maple

12"

1

Section M M1

Specie Beech

DBH Removal Criteria

48"

2 & 3

Section N N1

Section P P1 P2 P4

Specie

Oak

Specie

Locust Locust Maple

DBH Removal Criteria

16"

4

DBH Removal Criteria

16"

1

16"

1

22"

1 & 5

Trees can be identified on a map created by Halvorson Design dated March 3, 2014

Removal Criteria 1 2 3 4 5

Health / Safety Disrupting Historic Object Preventing Grass Growth Blocking Historic Views Invasive

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 7 OF 12

Following a meeting with representatives from FOBH on January 4, 2014, Mr. Turner noted that he provided the Board with a list of those trees for which the FOBH continued to dispute removal. As the Board's designated representative of the community, he said, it was his obligation to communicate the FOBH's wishes, even if he had come to a different agreement with Mr. Bubbins. The nine (9) trees that the FOBH wishes to have spared, Mr. Turner indicated, all appear to be healthy. Mr. Turner pointed out that, separate from the list of trees identified by Mr. Bubbins, there are trees at the outer edge of the cemetery, near Russell Street, that appear to be in poor health and, thus, could pose a danger to pedestrians or motor vehicles.

Chairman Tavares asked the Friends of Burial Hill ("FOBH") to discuss their opposition to the removal of nine (9) of the trees on Mr. Bubbins' list. Cheryle Caputo spoke on behalf of FOBH. Ms. Caputo described the reasons why each of the following trees should not be removed, noting her belief that these trees are healthy and are causing little to no damage to the gravestones/site:

A1 Beech B13 Beech G1 Beech J1 Beech K1 Beech (now marked by Mr. Bubbins to be maintained) L1 Maple L2 Beech L5 Maple M1 Beech

Selectman Page noted that he has made several site visits to Burial Hill, as part of his participation on the Town's internal working group assigned to the restoration and rehabilitation of the historic graveyard. It should be noted, he said, that when the early colonial settlers first began using the hill as a burial site, there were few trees. While the Town will not be removing all of the trees on Burial Hill (i.e. returning it back to its original appearance), he noted, the Town must consider the long-term effects that the trees have had--and will continue to have--on the gravestones. If the Town is to make meaningful improvements to the site and prevent further damage to the stones, Selectman Page stated, the trees that Mr. Bubbins and Mr. Turner identified for removal should be considered, so that the process of rehabilitating Burial Hill can move forth.

Following some discussion between members of the Board, Mr. Bubbins, and Ms. Caputo, Chairman Tavares asked Mr. Bubbins and Ms. Caputo to provide their respective final recommendations on the trees in question.

TREE A1 Beech B13 Beech G1 Beech J1 Beech L1 Maple L2 Beech L5 Maple M1 Beech

MR. BUBBINS' RECOMMENDATION Remove Maintain (compromise) Remove Remove Remove Remove Remove, but delay removal for 2 years Maintain (compromise)

MS. CAPUTO'S RECOMMENDATION Maintain Maintain Remove (compromise) Maintain Remove (compromise) Maintain Remove, but delay removal for 2 years Maintain

PLYMOUTH BOARD OF SELECTMEN ? JANUARY 6, 2015 PAGE 8 OF 12

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